Jump to ContentJump to Main Navigation

You are looking at 1-20 of 56 items

  • Keywords: judicial appointments x
Clear All Modify Search

View:

The Selection and Monitoring of Judges: The Spread of Judicial Councils

Nuno Garoupa and Tom Ginsburg

in Judicial Reputation: A Comparative Theory

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226290591
eISBN:
9780226290621
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226290621.003.0005
Subject:
Law, Comparative Law

Chapter Five takes up the specific issue of the selection of judges, focusing special attention on a relatively new institution known as the judicial council. Judicial councils have spread around the ... More


The President and the Judiciary

Louis Fisher

in The Law of the Executive Branch: Presidential Power

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199856213
eISBN:
9780199358397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199856213.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the following: the case of Marbury v. Madison (1803) which has been cited as evidence that the Supreme Court has the authority to not only strike down the acts of Presidents, ... More


Four The Selection and Monitoring of Judges: The Spread of Judicial Councils

Nuno Garoupa and Tom Ginsburg

in Judicial Reputation: A Comparative Theory

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226290591
eISBN:
9780226290621
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226290621.003.0005
Subject:
Law, Comparative Law

Chapter Five takes up the specific issue of the selection of judges, focusing special attention on a relatively new institution known as the judicial council. Judicial councils have spread around ... More


Introduction

Ruth MacKenzie, Kate Malleson, Penny Martin, and Philippe Sands

in Selecting International Judges: Principle, Process, and Politics

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199580569
eISBN:
9780191594489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580569.003.0001
Subject:
Law, Public International Law, Legal Profession and Ethics

This introductory chapter begins with a brief discussion of the lack of transparency in the process by which judges are chosen for international courts. It then lays out the purpose of this book, ... More


Selecting Judges in the Era of Devolution and Human Rights

Kate Malleson

in Building the UK's New Supreme Court: National and Comparative Perspectives

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199264629
eISBN:
9780191698965
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264629.003.0013
Subject:
Law, Legal Profession and Ethics

This chapter considers questions relating to the reform of the appointments process for the UK's top-level court. It argues that ‘the quality of the judges in the UK's top courts in terms of ... More


V9. Judicial Review

Matthew Flinders

in Democratic Drift: Majoritarian Modification and Democratic Anomie in the United Kingdom

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199271597
eISBN:
9780191709234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271597.003.0013
Subject:
Political Science, Comparative Politics, UK Politics

The logic of legal constitutionalism promotes the role of judges as external regulators of political behaviour. It therefore seeks to increase the degree of constitutional rigidity by seeking to ... More


Judicial appointments in Ireland: the potential for reform

Laura Cahillane

in Judges, politics and the Irish Constitution

Published in print:
2017
Published Online:
September 2017
ISBN:
9781526114556
eISBN:
9781526124241
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9781526114556.003.0009
Subject:
Law, Legal History

Laura Cahillane’s chapter aims is to consider the current procedure for judicial appointments and put forward some tentative suggestions for reform in an attempt to begin a debate on this area. Part ... More


Merit, diversity and interpretative communities: the (non-party) politics of judicial appointments and constitutional adjudication

David Kenny

in Judges, politics and the Irish Constitution

Published in print:
2017
Published Online:
September 2017
ISBN:
9781526114556
eISBN:
9781526124241
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9781526114556.003.0010
Subject:
Law, Legal History

David Kenny’s chapter examines a recent proposals to eliminate politics from appointments with a system based on solely on ‘merit’. Merit, however, is an ‘empty vessels for substantive norms’ – it is ... More


Justice Lokur’s Concurring View: The Future of Appointments Reform

Alok Prasanna Kumar

in Appointment of Judges to the Supreme Court of India: Transparency, Accountability, and Independence

Published in print:
2018
Published Online:
August 2019
ISBN:
9780199485079
eISBN:
9780199096992
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199485079.003.0012
Subject:
Law, Legal Profession and Ethics

This essay is a comment on the robust defence of the collegium system as espoused in Justice Madan Lokur’s opinion in the NJAC Case. The author critically analyses how Justice Lokur employs ... More


The NJAC Case and Judicial Independence: Conceptual and Contextual Safeguards

Gopal Subramanium

in Appointment of Judges to the Supreme Court of India: Transparency, Accountability, and Independence

Published in print:
2018
Published Online:
August 2019
ISBN:
9780199485079
eISBN:
9780199096992
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199485079.003.0014
Subject:
Law, Legal Profession and Ethics

This essay comments on how the judgment in the National Judicial Appointments Commission Case is a befitting affirmation of judicial independence by the Supreme Court, against endemic executive ... More


Appointments to the Supreme Court of Nepal: A New Beginning

Semanta Dahal

in Appointment of Judges to the Supreme Court of India: Transparency, Accountability, and Independence

Published in print:
2018
Published Online:
August 2019
ISBN:
9780199485079
eISBN:
9780199096992
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199485079.003.0021
Subject:
Law, Legal Profession and Ethics

This essay analyses how Nepal has consciously made attempts to depoliticize judicial appointments—while appointments to the Supreme Court were originally made at the behest of the executive (the ... More


Statutory Bills of Rights: You Read Words In, You Read Words Out, You Take Parliament’s Clear Intention and You Shake it All About—Doin’ the Sankey Hanky Panky

James Allan

in The Legal Protection of Human Rights: Sceptical Essays

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199606078
eISBN:
9780191729720
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606078.003.0006
Subject:
Law, Human Rights and Immigration

The United Kingdom's statutory bill of rights, with its strong reading down provision, via s.3 of the UK Human Rights Act, as in Ghaidan v. Godin Mendoza, is tantamount to a ‘licence to rewrite ... More


Judicial Accountability in Comparative Perspective

Mark Tushnet

in Accountability in the Contemporary Constitution

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199670024
eISBN:
9780191749414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670024.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter examines the complex relationship between judicial accountability and judicial independence. If judges are unaccountable to the public, they can become the people's rulers. Yet, if they ... More


Judicialization of Judicial Appointments?: A Response from the United Kingdom

Chintan Chandrachud

in Appointment of Judges to the Supreme Court of India: Transparency, Accountability, and Independence

Published in print:
2018
Published Online:
August 2019
ISBN:
9780199485079
eISBN:
9780199096992
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199485079.003.0016
Subject:
Law, Legal Profession and Ethics

This essay discusses United Kingdom’s transition to the commission model of judicial appointments, with the advent of the Constitutional Reform Act of 2005 (CRA). The essay expounds that the ... More


Judicial Appointments in Pakistan: The Seminal Case of the 18th Amendment

Sameer Khosa

in Appointment of Judges to the Supreme Court of India: Transparency, Accountability, and Independence

Published in print:
2018
Published Online:
August 2019
ISBN:
9780199485079
eISBN:
9780199096992
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199485079.003.0019
Subject:
Law, Legal Profession and Ethics

This essay discusses the landmark developments pertaining to judicial appointments in the last decade in Pakistan—particularly, Pakistan’s experiment with the commission model of appointments with ... More


Fifty Years of Justice: A History of the U.S. District Court for the Middle District of Florida

James M. Denham

Published in print:
2015
Published Online:
January 2016
ISBN:
9780813060491
eISBN:
9780813050638
Item type:
book
Publisher:
University Press of Florida
DOI:
10.5744/florida/9780813060491.001.0001
Subject:
History, American History: 20th Century

This book is a narrative history of the operations of the U.S. Middle District Court of Florida from its founding in 1962 to the present. The book sets the court in the social, economic, and ... More


Appointment of Judges to the Supreme Court of India: Transparency, Accountability, and Independence

Arghya Sengupta and Ritwika Sharma (eds)

Published in print:
2018
Published Online:
August 2019
ISBN:
9780199485079
eISBN:
9780199096992
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199485079.001.0001
Subject:
Law, Legal Profession and Ethics

In Supreme Court Advocates-on-Record Association v. Union of India [(2016) 5 SCC 1], a five-judge bench of the Supreme Court struck down the 99th Amendment to the Constitution and the National ... More


Checks and Balances Revisited: The Role of the Executive in Judicial Appointments

Mukul Rohatgi

in Appointment of Judges to the Supreme Court of India: Transparency, Accountability, and Independence

Published in print:
2018
Published Online:
August 2019
ISBN:
9780199485079
eISBN:
9780199096992
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199485079.003.0007
Subject:
Law, Legal Profession and Ethics

This essay examines the role that the executive, represented by the Union Minister in-charge of Law and Justice, was expected to play on the National Judicial Appointments Commission. The author ... More


Opening up Appointments: Civil Society Participation in the NJAC

Madhavi Divan

in Appointment of Judges to the Supreme Court of India: Transparency, Accountability, and Independence

Published in print:
2018
Published Online:
August 2019
ISBN:
9780199485079
eISBN:
9780199096992
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199485079.003.0008
Subject:
Law, Legal Profession and Ethics

This essay takes a deep dive into the role of the civil society in the judicial appointments process. It begins with the observation that the superior courts in India, during the last few decades, ... More


South Africa—Analysing a Commission Model

Chris McConnachie

in Appointment of Judges to the Supreme Court of India: Transparency, Accountability, and Independence

Published in print:
2018
Published Online:
August 2019
ISBN:
9780199485079
eISBN:
9780199096992
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199485079.003.0017
Subject:
Law, Legal Profession and Ethics

This essay is an analysis of the working and performance of the South African Judicial Service Commission (JSC). This essay describes how the JSC has been successful in enhancing transparency in the ... More


View: